Mitchell v. Banking Corp. of Montana

Mr. Chiep Justice Callaway,

Dissenting in Part and Concurring in Part:

The liability of the stockholders of the Banking Corporation attached upon the failure of the bank on May 2, 1923. (Mitchell v. Banking Corporation, 83 Mont. 581, 273 Pac. 1055.)

Plaintiffs began their action against the stockholders on February 27, 1925, and Blair appeared by demurrer on July 31, 1925. He died in September, 1926. His executors duly published notice to creditors, but the plaintiffs did not present any claim to them within the ten months’ period required by the statute, nor at all. The executors were made…